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Speech of Prosecutor General of the Russian Federation Yury Chaika at Federation Council meeting

Dear Valentina Ivanovna!

Dear colleagues!

The checks of performance of the legislation by non-profit organizations are complete by bodies of prosecutor's office.

I would like to note at once that all supervising events were held in a planned order.

We set some purposes:

- firstly, to carry out monitoring of the legislation on non-profit organizations, to find out how law novels are executed, whether its improvement is required;

- secondly, to obtain objective data on number of the NPOs financed from abroad, on spheres of their activity and interests, volumes of means received from foreign sponsors;

- thirdly, to reveal the organizations violating provisions of laws, including on counteraction of extremist activity and also the NPOs which are the subject to inclusion in the register of foreign agents;

- at last, to give an assessment of completeness and validity of control of NPO activity from government bodies.

All these goals are reached, results are brought and I am ready to report about results. They convince of correctness and timeliness of the made decision on NPO checks.

According to the Federal Financial Monitoring Service of the Russian Federation (Rosfinmonitoring) only from November, 2012 till April of the current year 2226 of the Russian NPOs received 30, 8 billion roubles from abroad. Exclusive of the NPOs founded by state structures, this financing makes 24,2 billion roubles (1868 NPOs).

As for the check beginning any organization wasn't included in the register of the non-profit organizations provided by the Law (No. 121-Federal Law of July 20, 2012) which are carrying out the functions of foreign agents, prosecutors studied documentation about one thousand NPOs, making less than a half from all financed from abroad.

As a result the signs of political activity and foreign financing confirmed with NPO documentation during 2010-2013 in the volume exceeding 6 billion roubles are revealed at 215 non-profit organizations.

The prosecutors established 22 NPOs which are directly getting under action of the legislation on foreign agents.

The specified organizations for the three-year period, only according to their own reports, received over 800 million roubles from abroad.

Thus, being engaged in political activity, participating in electoral processes, public actions, preparation of bills, receiving foreign means and in detail reporting to sponsors about their expenditure, any of 22 organizations consider itself as the foreign agent and doesn't intend to be registered voluntary in this quality.

For example, the Regional Public Association “Independent Expert and Legal Council” which under the contract including during action of changes of the law on NPO from foreign sources (The embassy of Great Britain, National Fund in support of democracy - the USA) is received by nearly 5 million roubles objects to acquisition of this status. On these means the organization realizes the tasks, among which the analysis and assessment of political processes in Russia, development and decision-making by bodies of executive, legislative and judicial authority, entering of offers into legislature that is accompanied by the reporting before investors.

Also the Institute of Development of Information Freedom Fund (St. Petersburg) doesn't recognize itself as the foreign agent.

This NPO exists at the expense of means from foreign sources, generally “National fund in support of democracy" (USA), State Department realizing program, publishes the results of monitoring of open information on activity of authorities and local government in the Internet, prepares offers on modification of the Russian legislation, complaints in the Constitutional Court of the Russian Federation and the European Court on the human rights, pursuing the purpose to provide the most free access to data, including being the state secret.

For compulsion of the above-named 22 NPOs to implementation of requirements of the law on inclusion in the register the prosecutors brought adductions and also administrative productions are raised.

At the same time 193 organizations with three years' foreign financing over 5 billion roubles, possessed the signs of foreign agents before law coming into effect. However after November 21, 2012 they whether suspended the political activity, having taken a waiting attitude, or continue to be engaged in it, but thus don't receive foreign means.

To all of them the prosecutors declared cautions.

It should be noted that even those considerable sums which I called, don't reflect all picture as till November of last year the data about arrived to NPO sums of money from abroad was considered and declared only by them.

Now the situation is completely supervised by Rosfinmonitoring.

I have to recognize that during checks there were difficulties with NPO reference to number of the foreign agents, first of all caused by absence of the conventional concept of political activity, and also created law-enforcement, including jurisprudence. Therefore we involved experts, experts in this area, the staff of scientific institutions and legal department of the Central Election Commission, and the conclusions based on set of legislative provisions, taking into account expert opinion.

It should be noted that actually the organizations which are carrying out functions of the foreign agent are much more. They use various schemes of evasion from acquisition of such status.

Numerous cases of absence of the organizations to the declared addresses are revealed. Even with use of potential of field services the prosecutors didn't manage to find and check 43 NPOs which, according to Rosfinmonitoring, received foreign means. Their search proceeds.

Using the gaps in the Russian legislation, for example such NPOs as “Memorial” and “Voice”, for the purpose of evasion from acquisition of the status of the foreign agent created the branched structure of divisions representing 64 independent legal entities. The NPO “Agora” (Republic of Tatarstan) in fact is created for support of other organizations, including will readdress the received foreign investments on political activity to them.

The above 64 organizations as however many similar, receiving money through the Russian intermediaries, can't be automatically carried to foreign agents as they directly don't receive the means from abroad and obligation of the organization of the donor to inform them on sources of financing by the law isn't established.

One more way of evasion from acquisition of the status of the foreign agent is paid employment of heads and the staff of other NPOs at which foreign financing receives the individual, instead of the organization which is actually involved in political activity.

Foreign agents widely involve in the work of so-called civil activists. For example, the interregional public fund “Voice” during the action of the law transferred money to individuals under 39 contracts of remuneration. It doesn't raise doubts that these persons carried out all those tasks which are set by the specified organization, can't be thus recognized as foreign agents.

Having reporting to the foreign sponsors in detail, many NPOs at the same time seek to avoid any control of them from the state. Prosecutors faced active counteraction to checks from their party.

Due to the non-performance of legal requirements of the prosecutor 9 proceedings on the administrative offense provided by article 17.7 of the Code of the Russian Federation on Administrative Offences from which 4 are already considered by vessels are initiated.

For example, the prosecutor of Moscow took all measures provided by the law for check of activity of the All-Russian social movement “For human rights” the head of which is L.A. Ponomarev. However the requirements of the prosecutor to be on a call, to submit necessary documents and to give explanations to the point were ignored by the last.

In the light of the last messages of mass media according to which the check is begun, it is clear that he had something to hide. The office is leased on one organization, and actually there were 3 NPOs. Under the guise of human rights activity the commercial contracts with lawyers were made, considerable funds for acquisition were requested from foreign sponsors in real estate property. At the same time the documents are received which aren't leaving doubts in political activity of Ponomarev L.A. and movement headed by him. I have to notice that it is the first check of the activity for 12 years of existence of the organization.

As a whole the evasion of heads of NPO from providing documents or their transfer without a translation into the Russian had widespread.

Thus the inconsistency of a position of the management of a number of non-profit organizations is available. They take offense at the term “foreign agent”, considering it as offensive and can't find the documents in the native language.

Prosecutors revealed also other violations of the federal legislation by the non-profit organizations financed from foreign sources.

So, in defiance of standards of the Vienna convention of 1961 17 organizations which were engaged in political activity, were directly financed by embassies of the USA, Great Britain, Belgium, Germany, the Netherlands and Switzerland that by an assessment of the Ministry of Foreign Affairs of Russia is intervention in internal affairs of our country and breaks the standard norms of international law.

For example, New Eurasia Fund in 2011-2012 on means of embassy of Great Britain realized the project in four subjects of Russia (The Chechen, Ingush, Kabardino-Balkaria republics and Stavropol Krai), including such actions, as safety of Great Britain on fight against terrorism and weapon distribution, and also assistance to its economic interests at the expense of increase in export and investments.

And according to the report before the Ministry of Great Britain for the commonwealth all objectives were carried out.

During the check over 20 violations of the tax legislation in NPO activity (the Republic of Bashkortostan, Khakassia, the Amur, Saratov, Smolensk, Moscow region), cases of plunder and waste of money of foreign grantors (Orenburg region) are revealed.

The facts of inappropriate use of funds allocated by NPO are established. For example, the St. Petersburg charitable historical and educational human rights organization “Memorial” in 2012 only 15% was used on purpose from 400 thousand roubles received from foreign sources on implementation of the Care of Old Men program. Other means were spent for a salary, rent of the occupied room and other purposes.

For elimination of the revealed violations by results of checks more than 300 acts of public prosecutor's reaction are introduced.

I would like to pay your attention that in most cases prosecutors took measures of exclusively preventive character (cautions appeared) to non-commercial organizations.

This circumstance completely disproves assumptions of a row of NPO repeatedly published in mass media that events held by us pursued the aim of the termination of their activity, suppression of civil activity. It is not so. I would like to address from this tribune to all who seeks to present a situation one-sidedly. Eliminate the revealed violations and function within the current legislation.

The revealed violations substantially are caused by lack of appropriate state control of NPO activity.

Numerous non-profit organizations weren't checked over five years, and some of them – never from the moment of creation. The reporting of such organizations often was doubtful or wasn't represented at all.

At the same time the absence of control of NPO is promoted by gaps and ambiguous interpretation of the legislation.

So, concerning the majority of NPO (except for the non-profit organizations included in the register which are carrying out the functions of the foreign agent) the general order of the state control works – checks are carried out not more often than once in 3 years.

During so long time NPO is capable to execute all set tasks by foreign sponsors, including infringing state interests of Russia, and, having made the decision on self-liquidation, to avoid the check of the activity by authorized bodies.

The bright example of implementation of the similar scheme can be financed since 2010 from abroad with mediation of absconded lawyer Khodorkovsky Drel NPO (Autonomous Non-Commercial Organization Centre of legal and economic researches), which undoubtedly was the subject to inclusion in the register of foreign agents. However as a result of its self-liquidation, I emphasize, in day of coming into effect of changes of the law on NPO, authorized bodies were deprived the opportunities to give an assessment of legality of its activity.

Though in this case the state control would be more appropriate. Representatives of this organization on the means arriving from abroad, the origin of which causes a set of questions and today is an investigation subject, prepared the bills directed on liberalization of punishment for economic crimes, built communications with the high-ranking lobbyists of authorities, initiated round tables in the State Duma and other public actions.

Actions were coordinated with the official representative of the Ministry of Justice of the USA, accredited at Embassy of the USA in Russia, he took personal part in a round table in the State Duma and in some of them participated together with the former Prosecutor General of the USA.

I want to be correctly understood. We are not against a legislation humanization. On the contrary. You have to adopt the laws. But thus we support that similar processes were open and transparent. And if the non-profit organization receiving means from abroad participates in them, the state has the right to know who finances it and in whose interests prepares this or that bill.

And it is unclear why the help of representatives of the USA is so necessary for an embodiment of idea of a humanization where as it is known for economic crimes they condemn sometimes for 150 years and more.

There is one more important point.

As the check showed, prosecutors established the separate facts of involvement in activity of the NPOs the high-ranking civil servants, representatives of political parties, and also public institutions which in fact are carrying out functions of foreign agents.

So, according to an extract from the united state register of legal entities the only founder of “Kostroma Centre of Support of Public Initiatives” Fund and it is one of the revealed NPOs which are carrying out the functions of the foreign agent, is the head of department concerning domestic policy of administration of the Kostroma region M. A. Erin.

4 representatives of the non-profit organizations are included in the structure of the Russian President's Council for Civil Society and Human Rights today who are carrying out the functions of the foreign agent and 3 NPOs which were carrying out these functions to the introduction of the law.

Heads of these NPOs declare that they are far from policy, don't want to be registered as foreign agents, but thus continue to be in Council through which seek to make impact on authorities, carry out expert examination of drafts of normative legal acts, make the offers on legislation change.

Dear senators!

Information which I gave today you, confirms the conclusion drawn by me earlier about validity and timeliness of the made inspections of performance of the legislation with non-profit organizations. Serious layer of violations of the law is opened, measures to their elimination and prevention are taken on from now. The following conclusion from checks is obvious. The law has to be observed by all.

To eliminate all obstacles it is necessary to provide its unconditional execution, I believe to bring a number of offers of legislative character, namely:

- to correct legislative definition of the NPO which is engaged in political activity extremely objectively to differentiate those organizations which solve political problems from all others and not to allow double interpretation of the corresponding terms;

- to oblige the NPOs receiving foreign financing, to report about it at the direction of means in other organizations, and also to specify sources and volumes of the received means in the reporting;

- to provide possibility of annual checks of NPO with foreign financing;

- accurately to register the procedure of formation of the register of foreign agents;

- to impose a ban on creation and participation of the civil and municipal servants in activity of NPO;

- to allocate judicial authorities with the right to the data containing the bank secret;

- to provide the registration of unregistered public associations.

We finally will formulate the called suggestions for improvement of the legislation soon and we will direct them to the President of the Russian Federation Vladimir Vladimirovich Putin.

I’m convinced that realization of legislative and organizational measures will promote in aggregate to elimination of violations of the law in NPO activity.

Thank you for attention.

Viewed : 1493   Commented: 0

Author: General Prosecutor's Office of RF

Publication date : 13 July 2013 01:00

Source: The world and we

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